EMPLOYER'S RESPONSIBILITY BY LAW
By Faudzil Harun
Based on Malaysian Law :
Occupational Safety and Health Act, 1994 and its Regulations.
Section 15 (1) General Duties of Employers and Self-Employed Persons to Their Employees.
It shall be the duty of every employer and every self employed person to
ensure, so far as is practicable, the safety, health and welfare at work of all
his employees.
Section
15 (2)
Without
prejudice to the generality of subsection (1), the matters to which the duty
extends include in particular—
(a) the provision and
maintenance of plant and systems of work that are,
so far as is practicable, safe and without risks
to health;
(b) the making of arrangements
for ensuring, so far as is practicable, safety
and absence of risks to health in connection with
the use or operation,
handling, storage and transport of plant and substances;
(c) the provision of
such information, instruction, training and supervision
as is necessary to ensure, so far as is practicable,
the safety and health
at work of his employees;
(d) so far as is
practicable, as regards any place of work under the control
of the employer or self-employed person, the
maintenance of it in a
condition that is safe and without risks to health and the provision and
maintenance of the means of access to and egress from it that are safe
and without such
risks;
(e) the provision and maintenance of a working environment for his employees that is, so far as is practicable, safe, without risks to health,
and adequate as regards facilities for their welfare at work.
Section 16 Duty to Formulate Safety and Health Policy
Section 17 General Duties of Employers and Self-Employed Persons to Persons Other Than Their Employees
Section 26 Duty Not to Charge Employees for Things Done or Provided
Section 27 Discrimination Against Employee, etc.
Section 28 Medical Surveillance
Section 29 Appointment of Safety and Health Officer
● Building operation or engineering construction where total project exceeds
RM20million;
● Shipbuilding, gas processing,
petrochemical industry, chemical & allied
industry, boiler & pressure vessel manufacturing,
metal industry (canning,
stamping, blanking, shearing, bending), wood working (cutting,
sawing,
planning, molding, sanding, peeling), cement industry employing more
than 100
employees;
● Manufacturing activity other than
specified above, employing more than
500 employees.
Section 30
Establishment of Safety and Health
Committee at Place of Work
● If there are 40 or more persons employed at the
place of work.
Section 31
Functions of Safety and Health Committee
● Keep under review the measures taken to ensure the safety and health
at work.
● Investigate unsafe condition and
resolve it.
Section 32
Notification of Accidents, Dangerous
Occurrence, Occupational Poisoning and Occupational Diseases, and Inquiry
Important Safety Points :
Important Safety Points :
Refer to the following statues for reference and guidlines :
Act
514 – Occupational Safety and Health Act, 1994 and its Regulations.
Act
139 – Factories and Machinery Act, 1967 and
it’s Regulations.
Act 302 – Petroleum (Safety Measures) Act, 1984 and its Regulations.
Act 366 – Poison Act, 1952 and its Regulations.
Act
149 – Pesticides Act, 1974 and
it’s Regulations.
Act
207 – Explosive Act, 1957 and
it’s Regulations.
Act
341 – Fire Services Act, 1988 and it’s Regulations.
Uniform Building by Laws, 1984
and others which may be related to your business.